File #: 24-0328   
Type: Consent Agenda Status: Agenda Ready
File created: 2/21/2024 In control: Board of County Commissioners
On agenda: 3/5/2024 Final action:
Title: Ratify and approve Outside Counsel Agreement with Foley and Lardner.
Attachments: 1. Ratified Agreement-Foley & Lardner
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SUBJECT

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Ratify and approve Outside Counsel Agreement with Foley and Lardner.

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DESCRIPTION

The County Attorney’s Office from time to time engages Outside Counsel for help on labor, employment, liability defense, complex litigation, and local government law matters.  On June 6, 2023, the Board adopted Resolution 2023-063 directing the County Attorney or outside counsel upon request of the Polk County Tax Collector to intervene or join lawsuits contesting the ability to place PACE non-ad valorem assessments on property within Polk County without an interlocal agreement with Polk County.  The Tax Collector requested the County to intervene and join such lawsuits. Accordingly, Foley and Lardner, as result of its expertise and experience was retained under the County Manager signature authority to represent Polk County and the Polk County Tax Collector to contest the ability of agencies to place PACE non-ad valorem assessments on property within Polk County without an interlocal with Polk County.  Due to the complex discovery and lengthy hearings, the cost of litigation is estimated to exceed the County Manager’s signature authority and needs to be ratified by the Board.

 

RECOMMENDATION

Ratify and approve Outside Counsel Agreement with Foley and Lardner.

 

FISCAL IMPACT

Funds to cover costs of litigation are available in the General Fund of the County Attorney’s Budget.

 

CONTACT INFORMATION

Randy Mink, County Attorney

863-534-7679